L'Aquila Recognizes Italian Citizenship for Brazilian Family

The Tribunale di L'Aquila recognized Italian citizenship for a Brazilian family through sentenza n. 2111/2026, published on July 29, 2026. The decision, filed by parents and minor children against Italy's Ministry of Interior, confirms that the right to citizen status transmitted by descent is imprescriptible and can only be lost through express or tacit renunciation.

What the L'Aquila Court Decided

According to the text of the decision published by Diritto Pratico, the action for recognition of Italian citizenship by iure sanguinis was filed by a Brazilian family composed of parents and minor children. The Ministry of Interior was properly served with notice but chose not to appear in the proceedings, being declared in default — that is, revel.

In its reasoning, the L'Aquila judge relied on the consolidated jurisprudence of the Sezioni Unite della Corte di Cassazione in decisions no. 25317/2022 and 25318/2022, which are binding on all Italian judges. According to this interpretation, Italian citizen status is permanent and imprescriptible, not extinguished by mere passage of time or residence abroad.

The judgment reinforces that the burden of proof for the plaintiffs is limited to demonstrating the birth of the Italian ancestor and the line of descent to the applicants. It would be up to the Ministry of Interior to prove any interruption in the chain of transmission — such as formal renunciation of citizenship — which did not occur given the lack of contestation.

The Family and the Italian Ancestor

The applicants presented documentation proving direct descent from an ancestor born in Italy who later emigrated abroad. The group included both adults and minor children, represented by their parents exercising parental responsibility during the proceedings.

The action followed the specific procedure for Italian citizenship cases, based on articles 19-bis of Legislative Decree 150/2011 and 281-undecies of the Italian Code of Civil Procedure. This procedure, faster than ordinary litigation, has become the preferred path adopted by Italian courts to judge applications for recognition of citizenship status. For those unfamiliar with this route, our portal has already explained in detail how the judicial path to citizenship works.

Suit Filed Before Decreto Tajani

A central point of the judgment is when the action was filed: 2024, before the entry into force of Decree-Law no. 36/2025, known as Decreto Tajani and Law 74/2025. This circumstance was expressly highlighted in the decision, and is what guaranteed the Brazilian family the judgment under the rules in effect at the time of filing.

This means that the applicants did not face the restrictions introduced by the reform, which limited the transmission of Italian citizenship through maternal and paternal lines to only two generations born outside Italy, in addition to imposing new criteria for effective ties with the country. Cases filed before the decree's entry into force remain protected by the previous rules, as provided in the text of the law itself.

Actions filed from 2025 onward may encounter the stricter criteria imposed by the reform, making the timing of the filing a determining factor for the outcome of each case. This scenario has been closely monitored by Raízes Italianas, given the volume of Brazilian families seeking to understand their rights after the legislative change.

Case Duration: Approximately 31 Months

Between the filing of the action in 2024 and publication of the judgment in July 2026, the case took approximately 31 months to conclude. The final instruction phase occurred through written submissions, based on article 127-ter of the Italian Code of Civil Procedure, without need for in-person hearings — a practice that has become increasingly common in Italian courts to expedite civil proceedings.

The timeframe of more than two and a half years reinforces a trend already observed in other decisions: the judicial path, while more predictable than the administrative route, still requires patience from interested families, with cases typically lasting between two and three years until final judgment.

What This Means in Practice for Brazilian Families

The judgment from Tribunale di L'Aquila confirms that the judicial path remains an effective route for those with solid documentation of the line of descent and no evidence of renunciation of Italian citizenship. The Ministry of Interior's default, incidentally, is a pattern frequently observed in this type of proceeding and does not prevent recognition of the right when the documentary evidence presented by the plaintiffs is consistent.

For Brazilian families still considering recourse to Italian courts, the L'Aquila case serves as a warning about the importance of evaluating the impacts of Decreto Tajani before filing suit. Cases filed from 2025 onward are subject to much more restrictive criteria than those applied in this case, which was decided under the rules prior to the reform.

Therefore, we recommend seeking specialized legal counsel to assess the eligibility of your line of descent and gathering in advance all necessary documentation, including any search for certificates in Italy, a step often decisive for the success of this type of action.

The L'Aquila decision joins other recent rulings monitored by News from Italy and reinforces the role of the Italian judiciary as an alternative route in light of restrictions imposed on citizenship by descent. Those already living in Italy or planning to move there after recognition can also learn about daily life in the country in the Life in Italy section.

Want to know if you have the right to Italian citizenship? Speak with specialized counsel.